Bill Text: NY S03057 | 2019-2020 | General Assembly | Introduced


Bill Title: Establishes the payment of certain volunteer firefighter and volunteer ambulance worker death benefits shall be within ninety days of the filing of application to receive such death benefit.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Engrossed) 2019-03-12 - referred to local governments [S03057 Detail]

Download: New_York-2019-S03057-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3057
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 1, 2019
                                       ___________
        Introduced  by Sen. GAUGHRAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government
        AN ACT to amend the volunteer firefighters' benefit law and  the  volun-
          teer  ambulance  workers'  benefit  law, in relation to the payment of
          death benefits
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  volunteer  firefighters'  benefit  law is amended by
     2  adding a new section 7-b to read as follows:
     3    § 7-b. Payment of death benefits. 1. All death benefits payable  under
     4  section  seven  of  this  article shall be paid to the person or persons
     5  entitled to such benefit within ninety days of the date such  person  or
     6  persons  files  an  application  with the workers' compensation board to
     7  receive such benefit, except if the employer or insurance carrier  files
     8  a  notice  of  controversy  with  the chair of the workers' compensation
     9  board in accordance with section twenty-five  of  the  workers'  compen-
    10  sation  law;  provided  that  if there is a discrepancy in the claim for
    11  benefits that would prevent the claim from being processed within ninety
    12  days, the workers' compensation board shall provide  written  notice  to
    13  the  claimant  within  such ninety day period explaining the discrepancy
    14  and why the claim cannot be processed within the ninety day period.
    15    2. The workers' compensation board shall conduct outreach services  to
    16  provide  coordinated  information to the person or persons entitled to a
    17  death benefit payable under section  seven  of  this  article  regarding
    18  assistance available to help such person or persons with the death bene-
    19  fit program's application procedures.
    20    § 2. The volunteer ambulance workers' benefit law is amended by adding
    21  a new section 7-b to read as follows:
    22    §  7-b. Payment of death benefits. 1. All death benefits payable under
    23  section seven of this article shall be paid to  the  person  or  persons
    24  entitled  to  such benefit within ninety days of the date such person or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03108-01-9

        S. 3057                             2
     1  persons files an application with the  workers'  compensation  board  to
     2  receive  such benefit, except if the employer or insurance carrier files
     3  a notice of controversy with the  chair  of  the  workers'  compensation
     4  board  in  accordance  with  section twenty-five of the workers' compen-
     5  sation law; provided that if there is a discrepancy  in  the  claim  for
     6  benefits that would prevent the claim from being processed within ninety
     7  days,  the  workers'  compensation board shall provide written notice to
     8  the claimant within such ninety day period  explaining  the  discrepancy
     9  and why the claim cannot be processed within the ninety day period.
    10    2.  The workers' compensation board shall conduct outreach services to
    11  provide coordinated information to the person or persons entitled  to  a
    12  death  benefit  payable  under  section  seven of this article regarding
    13  assistance available to help such person or persons with the death bene-
    14  fit program's application procedures.
    15    § 3. This act shall take effect immediately.
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